History of San Joaquin County, California : with biographical sketches of leading men and women of the county who have been identified with its growth and development from the early days to the present, Part 20

Author: Tinkham, George H. (George Henry), b. 1849
Publication date: 1923
Publisher: Los Angeles, Calif. : Historic Record Co.
Number of Pages: 1660

USA > California > San Joaquin County > History of San Joaquin County, California : with biographical sketches of leading men and women of the county who have been identified with its growth and development from the early days to the present > Part 20

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Russell, the Sydney Duck

Soon after this event, the Bill Owens gang concluded to give Russell, the low dive saloon- keeper, the experience of mob law. They pro- ceeded to do this by the usual mob law man- ner. They organized what they called a "mus- tang court," selected a sheriff, Captain Chap- man, and a prosecuting attorney, Captain Bell. The sheriff was sent out to bring in Russell, who had been accused of keeping a low resort and boarding house with his wife, and har- boring thieves. Russell when brought into court was informed by his Honor, Judge Owens, that what he had to say in his defense should be said quickly and to the point. Rus- sell stated that he had been in Stockton a few weeks and he did not know that his boarders were thieves. He came to this country to make money honestly. At this moment of the court the judge inquired, "Has the jury been polled?" A bystander answered by say- ing, "I think there is timber enough in me and this crowd without any polls. I move that Russell be ducked in the slough." The

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mob did not wait for any second to the mo- tion, but seizing the victim they hastened to the channel and threw him in. He swam back to land, and grabbing him again, threw him in a second time. After he got out he was taken back to the court and sentenced to be given thirty lashes on the back. The sen- tence was carried out and Russell was given sixteen hours in which to leave town.

Vigilance Committee

Rough punishment this was for a suspected criminal, but harsh ands cruel punishment were necessary to check the high tide of crime. The execution of one Jenkins at this time, by the San Francisco Vigilance Committee for the stealing of a safe, caused an exodus of criminals from that town. Some of them floated to Stockton, and to meet the occasion the citizens formed a Vigilance Committee. A meeting was held on the evening of June 9, 1851, "to take into consideration measures to insure the better security of the lives and property of the citizens." A committee was appointed to recommend a course of action. This committee reported June 11, advising the formation of a vigilance city police, that the city be divided into wards, each ward to have its guards at night and that a committee be appointed to enroll the names of citizens. The

following evening a meeting was held in the Corinthian Building and elected Major R. P. Hammond president; in his address he op- posed the actions of the committee and de- clared the matter should be left to the action of the council ; that they be requested to divide the city into wards, as they were elected by the citizens and represented their interests. J. M. Warner declared they should not wait for the council's action; the "Sydney Ducks" might destroy the town before they woke up. Dr. George Shurtleff also called for action, and suggested that twenty gentlemen be appointed to divide the city into wards and to petition the council to clothe the police with the neces- sary authority. A ward division was made as follows: First Ward, west of El Dorado Street, extending from Stockton to Mormon Channel; Second Ward, east of El Dorado Street to American between the two named channels; Third Ward, the south side of the Stockton Channel and Weber Avenue to American; and the Fourth Ward included the Peninsula and the blocks on the east side of Channel to American. The First Ward, led by Dr. Samuel McLean, was the only ward that acquired any speed or was reported. On the 18th they met at the Gault House, organ- ized a citizens' police and elected Samuel Mc- Lean chief of police, with full power to detail citizens for a nightly patrol of the ward.

CHAPTER X THE MAYOR AND THE COMMON COUNCIL

G OVERNMENT is an essential quality in every community, and it is especially necessary where there are assembled a band of criminals and those who have no res- pect for law, order and the rights of others. The press, knowing this, said in one of its earliest numbers. "We are the advocates of public organization because we know that the most respectable part of our merchants exper- ience its necessity. For instance, the town and harbor are infested with peddlers who pay no taxes or rent, and who sell merchandise at ruinously low prices. This is a great injustice and should immediately be put down. The citizens should organize a local body which should have jurisdiction in this and other mat- ters and a great good would be effected and peddlers would disappear." The editor then severely condemns the San Francisco common council, who were a set of grafters and a dis- grace to any city, when he wrote, "Let it be decidedly understood, however, that we do not mean such a municipal government as that of

San Francisco. We would not have our coun- cil men vote for themselves enormous salaries. We would not see an honorable member move that each merchant shall supply six buckets (for fire purposes) and then buying up all of the buckets in the town sell them at an im -. mense profit. No, we would have such a pub- lic body as would be men of probity and standing, guarding carefully the pockets of the public and imposing taxes with a light hand." The newspaper editor who wrote this article was independent of parties. They had not been organized. His splendid admonition was not practiced until 1906, when a commis- sion form of government was adopted. The councils were elected by parties, and partisan politics were the rule.

The Unfortunate Town Council

The condition af things in the town in 1849 were very unsanitary and unhealthy ; the food was bad and poorly cooked, the tents cold and cheerless, and the citizens, many of them not

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more than half clothed; ill smelling pools of water were everywhere and medicine scarce and high in price. It is not surprising there- fore that there was much sickness from colds, fevers and dysentery, and much illness from drunkenness and other dissipations. Condi- tions were very bad, in some cases pitiful, and kind-hearted citizens requested Alcalde Belt to call an election for a town council, so that they could make some provision for the unfor- tunates. An election was held November 13, 1849, and the following men consented to run for the office and were elected, namely ; Rich- ard W. Heath, David Douglas, John J. Steph- ens, Wm. A. Streeter, Thomas Van Buren, Monroe T. Robertson and George Glidden. They adopted ordinances, erected a cloth tent hospital and employed Dr. J. F. Clements to take charge of the hospital. After spending about $1,200 out of their own pockets they learned that their election was illegal and that there was no way for them to obtain any re- urn for their heavy expenses. They then dis- solved. After the courts were organized, Dr. Clements, before Judge Creanor, sued R. W. Heath for $4,300, his three months' salary. The judge decided it was a legal claim and the council were compelled to pay it. Subse- quently a relief bill was introduced into the legislature to reimburse the town council for their loss, but it failed to pass.

Movement for City Government

After the dissolution of the town council no movement was made towards a town govern- ment for several months; as a consequence crime was unchecked, business unsettled and all manner of nuisances created. The streets and sloughs were reeking with garbage and filth, firearms were recklessly discharged without any regard for safety or life, all be- cause of a want of authority and government. The first movement for the purpose of form- ing a government was made in March, 1850. A public meeting was held in the tent store of George Belt, the alcalde of Tuleburg. Then, as now, the boosting of business seems to have been their leading thought. The meeting was called "for the purpose of taking into consideration the propriety of establish- ing a newspaper to lay before the public and the world at large the advantages of the San Joaquin Valley." J. R. Meloney called the at- tention of the meeting to the nuisances of the levee, and Dr. J. W. Reins spoke in regard to the incorporation of the town. Mr. Mix, who seems to have been a man of high morality, called the attention of the citizens to the pro- ceedings of Hodskiss & Company and their associates since their arrival in town. They must have ben a bad lot, for several talks were made upon that subject and Dr. J. B. Clem- ents, M. F. Sparrow, Thomas Ketchum and

Richard Younge were appointed a committee "to wait on the parties and give them notice to leave town at the first opportunity." A splendid committee, comprising Samuel Book- er, John Doak and Dr. J. W. Reins, was ap- pointed in regard to the organization of a town government. Nothing further is known of this meeting.

The movement towards the organization of a city government was progressing quite rap- idly for there was plenty of action in those days. June 15, 1850, a second meeting was held in the Owens saloon. It was called to or- der by Thomas B. Van Buren, one of the ris- ing young men of the state, and he was ap- pointed president of the assembly; J. F. Ste- phens, R. W. Heath and Charles A. Leake, vice-presidents, and Dr. E. B. Bateman, secre- tary. On motion of Captain Wm. D. Farr, Ben S. Lippincott, Thomas McSpeddon, George D. Dickerson, M. F. Sparrow, Wm. N. Robertson, Geo. R. Buffum, B. F. Whittier, Geo. G. Belt and L. G. Chapman were ap- pointed a committee to draft articles of incor- poration for the city of Stockton.

The committee on town incorporation re- ported June 21, the meeting again being held in Owens' saloon, for at that time the saloons were the only places convenient for the as- sembling of men. "Your committee find that when the inhabitants of a town or village con- taining 1,000 inhabitants shall deem it to the advantage of such town that it shall be incor- porated, a majority of the legal voters residing therein may petition the Court of Sessions to declare such town incorporated as a city, by the name and within the boundaries as stated in the petition. Your committee have also taken into consideration whether or not it is best for the town of Stockton to seek a speedy incorporation, and they find the strongest reasons to recommend to their fellow-citizens immediate action upon the subject .. Your com- mittee find for example, that a vessel loaded with lumber or other goods may arrive at Stockton and appropriate to their own use as much of the public levee as the owners may desire, land their cargo, and without any charge or rent, establish a retail lumber or grocery store. Your town is at all times liable to be destroyed by fire; it has felt the shock of disaster (December, 1849), and has seen its sister city of San Francisco three times re- duced to ashes. With a careless population such as we must acknowledge ourselves to be, and living in houses of such inflammable ma- terial as ours, the danger from fire is always great and much to be dreaded." The report was adopted unanimously, and a committee ap- pointed to circulate a petition among the citizens to permit the incorporation of the city of Stockton.

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Judge Williams Orders an Election

On July 25 the citizens assembled, this time in a circus tent, as Foley's circus was then giv- ing performances. The meeting being called to order, the following officers were chosen to preside : Samuel Purdy, president, Asa C. Bradford, vice-president, and F. C. Andrews, secretary. Notice the nativity of these offi- cers; Purdy was a New Yorker, Andrews from Pennsylvania and Bradford from Vir- ginia. President Purdy stated the object of the meeting and he then read the order of the Court of Sessions which had been issued July 23. "A petition from the citizens of Stockton, praying that the town might be incorporated under the name of the City of Stockton, ac- cording to the provisions of an act to provide for the incorporation of cities, was this day presented to the Court, and it appearing to the satisfaction of the Court that said town had a population exceeding two thousand, that a ma- jority of the qualified electors thereof have signed the above petition, and that legal notice has been given of the aforesaid application, it is therefore ordered by the Court, after hearing said application that in accordance with prayer of said petition, said town is incorporated by the name of the City of Stockton, with the fol- lowing boundaries to wit: On the north by Flora Street; on the east by Aurora Street ; on the south by Twiggs Street; on the west by Bragg or Tule Street as shown by Hammond's survey of said town, a map of which is depos- ited with this court. It is further ordered that the common council to be chosen under this act of incorporation shall consist of seven mem- bers. It is further ordered that notice be given of an election under the above act of the incor- poration, to be held at the Central Exchange in Stockton, on Thursday the 1st day of Au- gust A. D. 1850, Benjamin Williams, Judge."

After the reading of the order a committee of seven were appointed to recommend to the meetin g suitable candidates for mayor and common council. They left the room, and re- turning in a few minutes reported the follow- ing: for mayor, Samuel Purdy ; for council- men, Dr. George A. Shurtleff, Dr. J. W. Reins, John Hyde, Wm. H. Robertson, Captain Charles M. Weber, B. G. Whittier and Hy- ram Green.

Then and there party lines were drawn be- tween the slavery and the anti-slavery men and the hatred which existed until after the Civil War was very noticeable. The nominees of the Owens House meeting were all anti-slavery men. The same evening a meeting was held in the Hotel de Mexico, kept by B. F. Cheat- ham, later as we noted a General in the Confed- erate army. A committee comprising Dr. R. P. Ashe, Ben F. Cheatham and J. R. Meloney were appointed to recommend names for may-

or and councilmen. The following evening they reported David S. Terry for mayor.

The election was held in the Central Ex- change, then a canvas tent on the southeast corner of Main and Center streets. The party slogan was New York against Texas, Purdy being a New Yorker and Terry a Texan. About 4 o'clock the Terry advocates suddenly grabbed the ballot box and started with it on a run for the George Belt tent on the Levee. What their object was is not known, although ballot box stuffing was a well known practice in those days. The little scheme, whatever it was, did not work, for the Purdy men captured the box, and returning it to the Exchange it was thereafter well guarded until the closing of the polls. The result proved quite a disap- pointment to the Southern men for the entire ticket headed by Purdy was elected. As an illustration of the voting population on that occasion I give the result of the officers elected. The first named were of the Purdy party, Sam- uel Purdy 481, David S. Terry 288; recorder, C. M. Leake 486, J. M. Sloan 189 ; city attorney, Henry A. Crabb 650; assessor, Charles Edmon- son, 378, R. W. Wilson 205 ; treasurer, George D. Brush, 345, Edwin D. Colt 198; S. G. Phil- lips 131; marshal, J. S. Lubbock 361, W. M. Willoby 384. In this first election of city offi- cers note the following names, for they in part became the builders of Stockton; in the coun- cil, Capt. Charles M. Weber and Dr. George Shurtleff, then D. S. Terry, Henry A. Crabb, Edwin D. Colt and George D. Brush.

Samuel Purdy and David S. Terry

Stockton's first mayor was the most notable officer ever elected to that position, because of his characteristics and general attainments. He was the exact antithesis to his opponent, David S. Terry. Born in New York of Knick- erbocker stock in 1819, he was well educated and graduated as an architect. He came to California in 1849 and locating in Stockton, en- gaged in business with Captain Sparrow. Terry was born in Kentucky in 1827 of fight- ing stock, his mother being a sister of the no- torious Shelby and Jackson Smith. Orphaned at thirteen years of age, Terry went to Missis- sippi to reside with an uncle, then governor of that state. He was captain of the Texas Rangers in the fight of that state for her inde- pendence, and in command of a company of immigrants that came to California in 1849. Purdy was well educated, not only along arch- itectural lines, but in science, music, painting, sculpture and other avenues of art. Terry had no education except in the law and took no interest in things of beauty. Purdy was hand- some in feature, with full side whiskers (the fashion of that day), physically well-formed, neat and fashionable in dress, a good dancer

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and an Adonis with the female sex. Terry was slouchy in dress, always wore the broad- brimmed Southern style of hat, physically a giant in build, heavy and clumsy in action, always avoided the female sex, although mar- ried. Following his wife's death, however, he met and married the notorious Sarah Althea Hill, who later was the cause of his death. Purdy was a leader in society, a patron of fine arts, the opera and the drama, a high liver and a jolly fellow among men. Terry kept aloof from society and had but few friends. His duel with Broderick may have been the cause of his lack of sociability, for men as a rule shunned him after that event. He was pointed out to strangers as the man who killed Senator Bro- derick. Purdy was polished and gentlemanly in manner, soft in speech and slow and deliber- ate in his actions. Terry was abrupt and boor- ish and ofttimes insulting in speech. Purdy loved children and they admired him. Terry apparently never noticed children, and they avoided him, although he was the father of seven children.

Purdy, cool and dispassionate, never carried any weapons. Terry was very sensitive and fiery tempered and in early days carried a re- volver and bowie knife, and the last weapon at all times. In this connection a story is told by Theodore Steiney when he was a boy. One evening the boys were having fun lowering a straw-stuffed dummy from a tree limb every time a person passed along the sidewalk. "Along came Judge Terry, huge shoulders swinging as he walked along. The boys low- ered the dummy; Judge Terry's hand flashed into his hip pocket and before you could wink he drew a revolver and shot two bullets into the dummy. The two shots were close togeth- er and by the time the second shot was fired there wasn't a kid in sight." Purdy was a pol- itician, smooth and diplomatic, and educated in schools of Tammany Hall, New York, and elected lieutenant governor, he honored the state and himself as an honorable man. While presiding in the senate the infamous San Fran- cisco bulkhead bill came up before that body. It had passed the Assembly, was favored by Governor Bigler and was a tie vote in the sen- ate. Purdy voted no, although he had been offered $50,000 for his vote. "By this vote," says the Historian Hittell, "he saved the water front of San Francisco, and the state from dis- grace." On the other hand Terry dishonored the state by stabbing Hopkins, a Vigilante police, and fighting a duel, while Chief Justice of California. Purdy, after his retirement was lieutenant governor, lived in Stockton until 1860. Later he was appointed superintendent of construction of the city hall, San Francisco, and there died in February, 1884. Terry "died with his boots on," shot and killed in August,

1889, in the Lathrop Hotel, then the Southern Pacific dining station at Lathrop. Between these two extremes in character, lies the gamut of life in San Joaquin County.

Major Hammond Surveys Stockton

Stockton is named after Commodore Richard F. Stockton, a naval officer famous in national history and commander-in-chief and military governor of California in 1846. Captain Weber made his acquaintance, and admiring the naval hero, named the embryo city in his honor. In the planning of Stockton by its founder, Cap- tain C. M. Weber, we see the remarkable fore- sight of a man who looked far into the future. Had the city councils regarded his advice and wishes the city would be far in advance of its present progress in everything that goes to build up a city. His first act proves it, for as early as 1848 he engaged Major Richard P. Hammond, a competent engineer, to survey the town. Hammond was a civil engineer by profession, an officer in the Mexican war, and the father of John Hays Hammond, the engi- neer of world-wide fame. Hammond made a map of this survey and it was produced in court by Joseph H. Budd in 1885, during the Court House Square contest. This survey proved to be of little value, for in a few months came the rush of immigration to the mines; then Captain Weber saw immediately that a town of much larger scope than was a first project, must be planned. His dream since 1842 was about to be realized and Stockton was to become an important city, the depot of the great valley.

Major Hammond was then engaged to resur- vey the city on a much larger scale, one mile square. This survey was completed in Novem- ber, 1849. A second map was plotted and it so pleased the Captain that he informed the Ma- jor that he would keep the original map, and a third map was drawn. This third map was sent on to New York and lithographed and the copies returned in eighteen months. The plan of a city a mile square was a big proposition in that day, but could the Captain have foreseen a century ahead, instead of fifty years, the ex- tension of the city two miles square, then the annexation of the Homestead, the Fair Oaks, McCloud's addition, Tuxedo Park and Stock- ton Acres, he would have planned the city four instead of one mile square. Even so, he did in one particular plan the city centuries ahead, when he declared that the Stockton and Mor- mon channels must be open waterways to the general public forever. Pioneers offered him thousands of dollars for water front lots, but he refused all offers. Some of our councils have unwisely permitted corporations to close a part of the water front to the public use under the plea of commercial necessity. But the time

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is not far distant within the life of youth of today when every foot of the water front from the head of navigation, El Dorado Street, to the San Joaquin River, will be required by the shipping of interior and ocean steamers and vessels. Standing on the south bank of the Stockton Channel, Captain Weber extended his arm east and west as he told me, thus indi- cating to the engineer his desire to have all the streets along the water channels. This plan prevented all encroachment of the channels by private parties. As the streets were surveyed east and west naturally they were surveyed north and south, this forming square blocks. The blocks are 303 feet square and the streets running east and west 60 feet wide, and north and south 80 feet in width. The only excep- tion is Weber Avenue, which is 120 feet wide east of Hunter Street. These dimensions do not apply to the recent additions for there the blocks and streets are all shapes and sizes, sur- veyed according to the whims and fancies of the original owners, when outside of the juris- diction of the city.

Naming the Streets

Nearly all the streets of Stockton within the two-mile city limits were named by Captain Weber, or approved by him. He admired plants and flowers, and seldom was seen with- out a buttonhole bouquet. North of Fremont Street we read the names, Oak, Park, Flora, Poplar, Acacia, Magnolia, Rose, Vine, Willow. He was also a great admirer of American statesmen, presidents and patriots, and south of Market Street the student of history quickly recognizes the name of Washington, La Fay- ette, Jefferson and Clay. West of Center Street on the north side of the channel, Weber for some reason named the streets after animals, Beaver, Elk, Bear, Otter, Raccoon and Tule. These names years later were changed to Com- merce, Madison, Van Buren, Lincoln and Har- rison. Tule Street is now known as Edison Street. Major Hammond was a very enthusi- astic Mexican War veteran and when the sur- veyors arrived south at Mormon Channel, Weber approved of the engineer's suggestion that the streets be named after famous United States generals in the Mexican War, and the victorious battles won, Scott Avenue, Taylor, Worth, Twigg and Jackson. Then came a host of Mexican names commencing at Aurora which was called Mexico, and going west, Vic- tory, Smith, Contreras, Harney, Cerro Gordo, Huger, Vera Cruz, Palo Alto, Ringgold, Res- eca, Ridgley, Monterey, Bliss, Buena Vista, Bragg. These names were soon abrogated and the names on the north side of Mormon Chan- nel continued through to South Street.

In the present name of two streets the Civil War is brought to mind. Twigg became a

general in the Confederate army and the union loving city council blotted his name from the official record and substituted that of General Anderson, he who so heroically defended Fort Sumter in Charleston harbor. When U. S. Grant won his famous battles, at Weber's re- quest the council changed the name of the street called Jose Jesus, to Grant. The Indian was a faithful friend of Weber's, but his love of country was greater than his friendship. Main Street was so named because it was and is now the main traveled thoroughfare of the city. Center Street, when the city was organ- ized was the center of business; it is now the house number division line east and west, and Main Street is the corresponding street north and south. Lindsay Street was so named after Weber's overseer, Lindsay, who was killed on the Point by Indians. Fremont Square and Street were named in honor of Captain John C. Fremont, explorer and prominent in Cali- fornia affairs in 1846. Weber Avenue and Weber Levee and Park were named by the cit- izens in honor of the founder of Stockton. Miner Avenue was so called as the miners from the mountain camps made that street their principal place of travel. Hazelton Ave- nue, paralleling Mormon Channel, was named in honor of Dr. Wm. P. Hazelton, who gave the city $75,000 for the building of a free pub- lic library. West Street is now known as Pershing Avenue, named after General Persh- ing, commander of the American troops in France during the World War. The public plazas set apart by Captain Weber as "resting places for the people" have no names of any special significance. These squares were re- served from sale, together with a block bound- ed by Church, American, California and Hazel- ton Avenue, which was reserved for a church. The block directly opposite on the east was reserved for a hospital. Where now stands the Franklin school was reserved for a town hall, the greater portion of the city population liv- ing in that vicinity. A block fronting on Mor- mon Channel between Church and Sonora was reserved for a public market. In 1870 the city limits were extended one-half mile on each of the four compass points making the city two miles square. Within the past ten years addi- tions have been made of Fair Oaks, Home- stead, McCloud's addition, The Oaks, Sunny- side, Stockton Acres and Tuxedo Park, these additions making the city very irregular in shape.

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History of San Joaquin County, California : with biographical sketches of leading men and women of the county who have been identified with its growth and development from the early days to the present, Part 20

Author: Tinkham, George H. (George Henry), b. 1849 Publication date: 1923 Publisher: Los Angeles, Calif. : Historic Record Co. Number of Pages: 1660

Author: Tinkham, George H. (George Henry), b. 1849
Publication date: 1923
Publisher: Los Angeles, Calif. : Historic Record Co.
Number of Pages: 1660